It is important for commercial and residential landlords to have a good working relationship with an experienced attorney, whether you are an individual or a company. Florida Law can be particularly complicated when it comes to Landlord/Tenant matters, especially for both commercial and residential settings. A simple mistake by landlords in either domain could end up costing a lot. Commercial and residential landlords are required to follow strict laws regarding security deposits, legal notices, and evictions. A savvy landlord, whether in a commercial or residential sphere, will always keep a Landlord/Tenant Attorney on retainer so that any problems can be handled quickly and efficiently.
As a Landlord
If you’re a commercial or residential landlord, you should consult a lawyer as soon as possible about your lease and any potential liabilities. This is also crucial when seeking advice on how to deal with problematic tenants. Florida law allows for the payment of attorney’s fees as well as court costs in many landlord/tenant cases involving both commercial and residential landlords. This provides a financial incentive for landlords to hire legal counsel. There are four reasons that commercial and residential landlords seek the advice of a Landlord/Tenant attorney:
- Drafting New Lease Agreements
- Tenant Non-Compliance Notices
- Rent Delinquent Notices
- Evictions
- Code Enforcement Issues
Varnell &Warwick offers a free initial consultation to all landlord/tenant attorneys. Call us today at 352-753-8600 for more information.
Eviction Companies vs. An Attorney
A lawyer for eviction can seek a monetary judgment, or what’s called Count II in the complaint of eviction. This is not possible for non-lawyer Eviction companies. They can only get a judgment for Count 1 of the Eviction Complaint, which is the Writ for Possession of the property. If you want to pursue the tenants to recover any money, you’ll need a landlord/tenant lawyer to represent you.
Tenant Rights and Tenant Representative
Our firm is one of the few in Tampa Bay that represents both commercial and residential tenants, as well as commercial and residential landlords. We have dealt with every type of landlord-tenant dispute imaginable, catering to the unique needs of both commercial and residential settings. Although most of the problems our clients face are related to maintenance, we handle all types of tenant cases, from maintenance issues to code enforcement and lease disputes, for both commercial and residential landlords.
The most common inquiries and calls we receive from tenants are about maintenance or unreturned deposit. We handle a variety of tenant cases.
Association Harassment
Are the HOA (Homeowners Association, Condo Association) or COA that governs your residence making unreasonable requests of you as a renter? Why do associations love to pick on tenants? An attorney on your side will make a big difference in the way you are treated by an association. A cease and desist from a landlord/tenant lawyer may be all it takes to get the association off your back.
Claims of Noncompliance by The Landlord
You may be evicted if your landlord alleges that you have not complied with the lease terms. You should consult a landlord/tenant lawyer immediately if you receive a non-compliance notice.
Code Enforcement Issues
You reported your landlord to the county’s housing code enforcement department, but were retaliated against by him. You may be eligible for help. Call our office at (352) 753-86005 for a free consultation with a landlord/tenant attorney.
Deposit Disputes
Was your landlord holding back too much money from your deposit? You were charged for wear and tear that the landlord was supposed to be responsible for. You received the correct notification about the deposit withholding? Did you receive it within 30 days after your move-out? If the charges were incorrect or the notice was not given or sent within the Florida law-mandated time frame, we may be able assist you with the recovery of your security deposit. Call our office at (352) 753-8600 for a free consultation with a landlord/tenant lawyer.
Evictions
You should immediately seek legal counsel if you receive an eviction notice. If you win in court, the landlord must pay all your attorney fees and costs. As a matter of law, the prevailing party is entitled to attorneys’ fees and costs if they win an eviction case.
Illegal Detainers
This is a legal procedure to remove an un-tenant cohabitant who has never paid rent or agreed to do so. Have you got a friend that won’t leave? We can remove that annoying roommate from your home.
Shutting off utilities improperly
Florida law allows for triple damages if a utility is improperly shut off. If your landlord is knowingly or unknowingly responsible for shutting down a utility such as water, gas, or electricity, then you are entitled to receive three times the amount of rent that was paid by the landlord. Do not let your landlord intimidate you. Instead, seek advice from a landlord/tenant lawyer.
Landlord Harassment
Do you receive a threatening letter from your landlord about rent payment, outside the normal notification? Notices should be sent by mail or posted at the property. You should never be contacted by your landlord via text or phone to pay rent.
Lease Agreements (Drafting).
For the safety and protection of tenants, we draft lease agreements that tenants can provide to landlords for whom one has never been used.
Lease Agreement (Review & Analyse)
It is wise to have a Real Estate and Contracts Attorney review your lease before it is executed. Before you sign your lease agreement, we can advise you on the rights of the renter. This will help you to avoid any issues.
Maintenance Disputes
We can help you if your landlord does not make adequate efforts to maintain your rental property. You will be able to withhold rent, or end your tenancy at any time without penalty. This will allow you to keep your deposit, and avoid penalties for breaking the lease. This is our most common letter of demand and it usually results in a quick resolution.
Roommate disputes
It is very difficult to resolve disputes between roommates, or co-inhabitants, under a shared lease agreement. The landlord is unlikely to intervene and all tenants will be equally responsible under the lease.
Unreasonable landlord
Is your landlord providing you with sufficient notice for inspections or a walk-through? Does your landlord prevent you from enjoying the property in peace? Some landlords do not understand the social boundaries that come with being a landlord. This problem may be solved with a simple letter of demand. A landlord who does not adhere to the lease agreement, or shows unprofessional behavior, is not only damaging to their business but also a liability. Some landlords have paid dearly for their unprofessional past behavior.
Non-refundable deposits and maintenance disputes are among the most frequently litigated issues that we represent our clients on. Are you fearful that calling code enforcement will result in reprisals against you from your landlord? No need to worry – there are other methods we have at our disposal that can force them to meet their obligations.
Under Florida law, court costs and attorney fees may be awarded to the successful party in certain instances. If you are experiencing an issue with your landlord, call our office today on 352-753-8600 for a quote and free initial consultation with a Landlord/Tenant Attorney who can inform you about your legal rights – discover them now!
How does an eviction work in Florida?
Here are the main steps needed to evict a tenant in Florida:
- The landlord must serve or post a Three-Day Notice to Pay or Vacate.
- The landlord must serve or post a complaint.
- The landlord will seek a default judgment if possible.
- The landlord will obtain a judgment for possession (count 1) and accounting (count 2).
- The landlord must obtain a Writ of Possession from the judge.
- The landlord must send the Writ of Possession to the Sheriff for service.
- The Sheriff must post the Writ of Possession on the property.
- The Sheriff returns for a final walkthrough and/or removal after 24-72 hours.
If you have been given an eviction notice:
Step 1: Call us at 352-753-8600, or complete the contact form below, to set up a complimentary consultation with a Landlord/Tenant Attorney and explore what your legal rights and defenses may be.
What is the Eviction Process in Florida for Families With Children?
Eviction processes follow the same steps as with any tenancy agreement; families with children do not require special accommodations during an eviction proceeding. For more information regarding this subject matter, please call our office at 352-753-8600, or submit the contact form located below this page – initial consultations with our experts are provided free of charge!
What is the Eviction Process in Florida for Disabled Veterans?
Process for veterans living with disabilities and special accommodations for them are similar to any other tenancy agreement, without special accommodations made for individuals with disabilities, including veterans. For more information on evictions please call our office at 352-753-8600, or complete and submit our contact form below this page – initial consultations are free of charge!
